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Turbotax 2011 online 18. Turbotax 2011 online   Alimony Table of Contents IntroductionSpouse or former spouse. Turbotax 2011 online Divorce or separation instrument. Turbotax 2011 online Useful Items - You may want to see: General RulesMortgage payments. Turbotax 2011 online Taxes and insurance. Turbotax 2011 online Other payments to a third party. Turbotax 2011 online Instruments Executed After 1984Payments to a third party. Turbotax 2011 online Exception. Turbotax 2011 online Substitute payments. Turbotax 2011 online Specifically designated as child support. Turbotax 2011 online Contingency relating to your child. Turbotax 2011 online Clearly associated with a contingency. Turbotax 2011 online How To Deduct Alimony Paid How To Report Alimony Received Recapture Rule Introduction This chapter discusses the rules that apply if you pay or receive alimony. Turbotax 2011 online It covers the following topics. Turbotax 2011 online What payments are alimony. Turbotax 2011 online What payments are not alimony, such as child support. Turbotax 2011 online How to deduct alimony you paid. Turbotax 2011 online How to report alimony you received as income. Turbotax 2011 online Whether you must recapture the tax benefits of alimony. Turbotax 2011 online Recapture means adding back in your income all or part of a deduction you took in a prior year. Turbotax 2011 online Alimony is a payment to or for a spouse or former spouse under a divorce or separation instrument. Turbotax 2011 online It does not include voluntary payments that are not made under a divorce or separation instrument. Turbotax 2011 online Alimony is deductible by the payer and must be included in the spouse's or former spouse's income. Turbotax 2011 online Although this chapter is generally written for the payer of the alimony, the recipient can use the information to determine whether an amount received is alimony. Turbotax 2011 online To be alimony, a payment must meet certain requirements. Turbotax 2011 online Different requirements generally apply to payments under instruments executed after 1984 and to payments under instruments executed before 1985. Turbotax 2011 online This chapter discusses the rules for payments under instruments executed after 1984. Turbotax 2011 online If you need the rules for payments under pre-1985 instruments, get and keep a copy of the 2004 version of Publication 504. Turbotax 2011 online That was the last year the information on pre-1985 instruments was included in Publication 504. Turbotax 2011 online Use Table 18-1 in this chapter as a guide to determine whether certain payments are considered alimony. Turbotax 2011 online Definitions. Turbotax 2011 online   The following definitions apply throughout this chapter. Turbotax 2011 online Spouse or former spouse. Turbotax 2011 online   Unless otherwise stated, the term “spouse” includes former spouse. Turbotax 2011 online Divorce or separation instrument. Turbotax 2011 online   The term “divorce or separation instrument” means: A decree of divorce or separate maintenance or a written instrument incident to that decree, A written separation agreement, or A decree or any type of court order requiring a spouse to make payments for the support or maintenance of the other spouse. Turbotax 2011 online This includes a temporary decree, an interlocutory (not final) decree, and a decree of alimony pendente lite (while awaiting action on the final decree or agreement). Turbotax 2011 online Useful Items - You may want to see: Publication 504 Divorced or Separated Individuals General Rules The following rules apply to alimony regardless of when the divorce or separation instrument was executed. Turbotax 2011 online Payments not alimony. Turbotax 2011 online   Not all payments under a divorce or separation instrument are alimony. Turbotax 2011 online Alimony does not include: Child support, Noncash property settlements, Payments that are your spouse's part of community income, as explained under Community Property in Publication 504, Payments to keep up the payer's property, or Use of the payer's property. Turbotax 2011 online Payments to a third party. Turbotax 2011 online   Cash payments, checks, or money orders to a third party on behalf of your spouse under the terms of your divorce or separation instrument can be alimony, if they otherwise qualify. Turbotax 2011 online These include payments for your spouse's medical expenses, housing costs (rent, utilities, etc. Turbotax 2011 online ), taxes, tuition, etc. Turbotax 2011 online The payments are treated as received by your spouse and then paid to the third party. Turbotax 2011 online Life insurance premiums. Turbotax 2011 online   Alimony includes premiums you must pay under your divorce or separation instrument for insurance on your life to the extent your spouse owns the policy. Turbotax 2011 online Payments for jointly-owned home. Turbotax 2011 online   If your divorce or separation instrument states that you must pay expenses for a home owned by you and your spouse, some of your payments may be alimony. Turbotax 2011 online Mortgage payments. Turbotax 2011 online   If you must pay all the mortgage payments (principal and interest) on a jointly-owned home, and they otherwise qualify as alimony, you can deduct one-half of the total payments as alimony. Turbotax 2011 online If you itemize deductions and the home is a qualified home, you can claim one-half of the interest in figuring your deductible interest. Turbotax 2011 online Your spouse must report one-half of the payments as alimony received. Turbotax 2011 online If your spouse itemizes deductions and the home is a qualified home, he or she can claim one-half of the interest on the mortgage in figuring deductible interest. Turbotax 2011 online Taxes and insurance. Turbotax 2011 online   If you must pay all the real estate taxes or insurance on a home held as tenants in common, you can deduct one-half of these payments as alimony. Turbotax 2011 online Your spouse must report one-half of these payments as alimony received. Turbotax 2011 online If you and your spouse itemize deductions, you can each claim one-half of the real estate taxes and none of the home insurance. Turbotax 2011 online    If your home is held as tenants by the entirety or joint tenants, none of your payments for taxes or insurance are alimony. Turbotax 2011 online But if you itemize deductions, you can claim all of the real estate taxes and none of the home insurance. Turbotax 2011 online Other payments to a third party. Turbotax 2011 online   If you made other third-party payments, see Publication 504 to see whether any part of the payments qualifies as alimony. Turbotax 2011 online Instruments Executed After 1984 The following rules for alimony apply to payments under divorce or separation instruments executed after 1984. Turbotax 2011 online Exception for instruments executed before 1985. Turbotax 2011 online   There are two situations where the rules for instruments executed after 1984 apply to instruments executed before 1985. Turbotax 2011 online A divorce or separation instrument executed before 1985 and then modified after 1984 to specify that the after-1984 rules will apply. Turbotax 2011 online A temporary divorce or separation instrument executed before 1985 and incorporated into, or adopted by, a final decree executed after 1984 that: Changes the amount or period of payment, or Adds or deletes any contingency or condition. Turbotax 2011 online   For the rules for alimony payments under pre-1985 instruments not meeting these exceptions, get the 2004 version of Publication 504 at www. Turbotax 2011 online irs. Turbotax 2011 online gov/pub504. Turbotax 2011 online Example 1. Turbotax 2011 online In November 1984, you and your former spouse executed a written separation agreement. Turbotax 2011 online In February 1985, a decree of divorce was substituted for the written separation agreement. Turbotax 2011 online The decree of divorce did not change the terms for the alimony you pay your former spouse. Turbotax 2011 online The decree of divorce is treated as executed before 1985. Turbotax 2011 online Alimony payments under this decree are not subject to the rules for payments under instruments executed after 1984. Turbotax 2011 online Example 2. Turbotax 2011 online Assume the same facts as in Example 1 except that the decree of divorce changed the amount of the alimony. Turbotax 2011 online In this example, the decree of divorce is not treated as executed before 1985. Turbotax 2011 online The alimony payments are subject to the rules for payments under instruments executed after 1984. Turbotax 2011 online Alimony requirements. Turbotax 2011 online   A payment to or for a spouse under a divorce or separation instrument is alimony if the spouses do not file a joint return with each other and all the following requirements are met. Turbotax 2011 online The payment is in cash. Turbotax 2011 online The instrument does not designate the payment as not alimony. Turbotax 2011 online Spouses legally separated under a decree of divorce or separate maintenance are not members of the same household. Turbotax 2011 online There is no liability to make any payment (in cash or property) after the death of the recipient spouse. Turbotax 2011 online The payment is not treated as child support. Turbotax 2011 online Each of these requirements is discussed below. Turbotax 2011 online Cash payment requirement. Turbotax 2011 online   Only cash payments, including checks and money orders, qualify as alimony. Turbotax 2011 online The following do not qualify as alimony. Turbotax 2011 online Transfers of services or property (including a debt instrument of a third party or an annuity contract). Turbotax 2011 online Execution of a debt instrument by the payer. Turbotax 2011 online The use of the payer's property. Turbotax 2011 online Payments to a third party. Turbotax 2011 online   Cash payments to a third party under the terms of your divorce or separation instrument can qualify as cash payments to your spouse. Turbotax 2011 online See Payments to a third party under General Rules, earlier. Turbotax 2011 online   Also, cash payments made to a third party at the written request of your spouse may qualify as alimony if all the following requirements are met. Turbotax 2011 online The payments are in lieu of payments of alimony directly to your spouse. Turbotax 2011 online The written request states that both spouses intend the payments to be treated as alimony. Turbotax 2011 online You receive the written request from your spouse before you file your return for the year you made the payments. Turbotax 2011 online Payments designated as not alimony. Turbotax 2011 online   You and your spouse can designate that otherwise qualifying payments are not alimony. Turbotax 2011 online You do this by including a provision in your divorce or separation instrument that states the payments are not deductible as alimony by you and are excludable from your spouse's income. Turbotax 2011 online For this purpose, any instrument (written statement) signed by both of you that makes this designation and that refers to a previous written separation agreement is treated as a written separation agreement (and therefore a divorce or separation instrument). Turbotax 2011 online If you are subject to temporary support orders, the designation must be made in the original or a later temporary support order. Turbotax 2011 online   Your spouse can exclude the payments from income only if he or she attaches a copy of the instrument designating them as not alimony to his or her return. Turbotax 2011 online The copy must be attached each year the designation applies. Turbotax 2011 online Spouses cannot be members of the same household. Turbotax 2011 online    Payments to your spouse while you are members of the same household are not alimony if you are legally separated under a decree of divorce or separate maintenance. Turbotax 2011 online A home you formerly shared is considered one household, even if you physically separate yourselves in the home. Turbotax 2011 online   You are not treated as members of the same household if one of you is preparing to leave the household and does leave no later than 1 month after the date of the payment. Turbotax 2011 online Exception. Turbotax 2011 online   If you are not legally separated under a decree of divorce or separate maintenance, a payment under a written separation agreement, support decree, or other court order may qualify as alimony even if you are members of the same household when the payment is made. Turbotax 2011 online Table 18-1. Turbotax 2011 online Alimony Requirements (Instruments Executed After 1984) Payments ARE alimony if all of the following are true: Payments are NOT alimony if any of the following are true: Payments are required by a divorce or separation instrument. Turbotax 2011 online Payments are not required by a divorce or separation instrument. Turbotax 2011 online Payer and recipient spouse do not file a joint return with each other. Turbotax 2011 online Payer and recipient spouse file a joint return with each other. Turbotax 2011 online Payment is in cash (including checks or money orders). Turbotax 2011 online Payment is: Not in cash, A noncash property settlement, Spouse's part of community income, or To keep up the payer's property. Turbotax 2011 online Payment is not designated in the instrument as not alimony. Turbotax 2011 online Payment is designated in the instrument as not alimony. Turbotax 2011 online Spouses legally separated under a decree of divorce or separate maintenance are not members of the same household. Turbotax 2011 online Spouses legally separated under a decree of divorce or separate maintenance are members of the same household. Turbotax 2011 online Payments are not required after death of the recipient spouse. Turbotax 2011 online Payments are required after death of the recipient spouse. Turbotax 2011 online Payment is not treated as child support. Turbotax 2011 online Payment is treated as child support. Turbotax 2011 online These payments are deductible by the payer and includible in income by the recipient. Turbotax 2011 online These payments are neither deductible by the payer nor includible in income by the recipient. Turbotax 2011 online Liability for payments after death of recipient spouse. Turbotax 2011 online   If any part of payments you make must continue to be made for any period after your spouse's death, that part of your payments is not alimony, whether made before or after the death. Turbotax 2011 online If all of the payments would continue, then none of the payments made before or after the death are alimony. Turbotax 2011 online   The divorce or separation instrument does not have to expressly state that the payments cease upon the death of your spouse if, for example, the liability for continued payments would end under state law. Turbotax 2011 online Example. Turbotax 2011 online You must pay your former spouse $10,000 in cash each year for 10 years. Turbotax 2011 online Your divorce decree states that the payments will end upon your former spouse's death. Turbotax 2011 online You must also pay your former spouse or your former spouse's estate $20,000 in cash each year for 10 years. Turbotax 2011 online The death of your spouse would not terminate these payments under state law. Turbotax 2011 online The $10,000 annual payments may qualify as alimony. Turbotax 2011 online The $20,000 annual payments that do not end upon your former spouse's death are not alimony. Turbotax 2011 online Substitute payments. Turbotax 2011 online   If you must make any payments in cash or property after your spouse's death as a substitute for continuing otherwise qualifying payments before the death, the otherwise qualifying payments are not alimony. Turbotax 2011 online To the extent that your payments begin, accelerate, or increase because of the death of your spouse, otherwise qualifying payments you made may be treated as payments that were not alimony. Turbotax 2011 online Whether or not such payments will be treated as not alimony depends on all the facts and circumstances. Turbotax 2011 online Example 1. Turbotax 2011 online Under your divorce decree, you must pay your former spouse $30,000 annually. Turbotax 2011 online The payments will stop at the end of 6 years or upon your former spouse's death, if earlier. Turbotax 2011 online Your former spouse has custody of your minor children. Turbotax 2011 online The decree provides that if any child is still a minor at your spouse's death, you must pay $10,000 annually to a trust until the youngest child reaches the age of majority. Turbotax 2011 online The trust income and corpus (principal) are to be used for your children's benefit. Turbotax 2011 online These facts indicate that the payments to be made after your former spouse's death are a substitute for $10,000 of the $30,000 annual payments. Turbotax 2011 online Of each of the $30,000 annual payments, $10,000 is not alimony. Turbotax 2011 online Example 2. Turbotax 2011 online Under your divorce decree, you must pay your former spouse $30,000 annually. Turbotax 2011 online The payments will stop at the end of 15 years or upon your former spouse's death, if earlier. Turbotax 2011 online The decree provides that if your former spouse dies before the end of the 15-year period, you must pay the estate the difference between $450,000 ($30,000 × 15) and the total amount paid up to that time. Turbotax 2011 online For example, if your spouse dies at the end of the tenth year, you must pay the estate $150,000 ($450,000 − $300,000). Turbotax 2011 online These facts indicate that the lump-sum payment to be made after your former spouse's death is a substitute for the full amount of the $30,000 annual payments. Turbotax 2011 online None of the annual payments are alimony. Turbotax 2011 online The result would be the same if the payment required at death were to be discounted by an appropriate interest factor to account for the prepayment. Turbotax 2011 online Child support. Turbotax 2011 online   A payment that is specifically designated as child support or treated as specifically designated as child support under your divorce or separation instrument is not alimony. Turbotax 2011 online The amount of child support may vary over time. Turbotax 2011 online Child support payments are not deductible by the payer and are not taxable to the recipient. Turbotax 2011 online Specifically designated as child support. Turbotax 2011 online   A payment will be treated as specifically designated as child support to the extent that the payment is reduced either: On the happening of a contingency relating to your child, or At a time that can be clearly associated with the contingency. Turbotax 2011 online A payment may be treated as specifically designated as child support even if other separate payments are specifically designated as child support. Turbotax 2011 online Contingency relating to your child. Turbotax 2011 online   A contingency relates to your child if it depends on any event relating to that child. Turbotax 2011 online It does not matter whether the event is certain or likely to occur. Turbotax 2011 online Events relating to your child include the child's: Becoming employed, Dying, Leaving the household, Leaving school, Marrying, or Reaching a specified age or income level. Turbotax 2011 online Clearly associated with a contingency. Turbotax 2011 online   Payments that would otherwise qualify as alimony are presumed to be reduced at a time clearly associated with the happening of a contingency relating to your child only in the following situations. Turbotax 2011 online The payments are to be reduced not more than 6 months before or after the date the child will reach 18, 21, or local age of majority. Turbotax 2011 online The payments are to be reduced on two or more occasions that occur not more than 1 year before or after a different one of your children reaches a certain age from 18 to 24. Turbotax 2011 online This certain age must be the same for each child, but need not be a whole number of years. Turbotax 2011 online In all other situations, reductions in payments are not treated as clearly associated with the happening of a contingency relating to your child. Turbotax 2011 online   Either you or the IRS can overcome the presumption in the two situations above. Turbotax 2011 online This is done by showing that the time at which the payments are to be reduced was determined independently of any contingencies relating to your children. Turbotax 2011 online For example, if you can show that the period of alimony payments is customary in the local jurisdiction, such as a period equal to one-half of the duration of the marriage, you can overcome the presumption and may be able to treat the amount as alimony. Turbotax 2011 online How To Deduct Alimony Paid You can deduct alimony you paid, whether or not you itemize deductions on your return. Turbotax 2011 online You must file Form 1040. Turbotax 2011 online You cannot use Form 1040A or Form 1040EZ. Turbotax 2011 online Enter the amount of alimony you paid on Form 1040, line 31a. Turbotax 2011 online In the space provided on line 31b, enter your spouse's social security number (SSN) or individual taxpayer identification number (ITIN). Turbotax 2011 online If you paid alimony to more than one person, enter the SSN or ITIN of one of the recipients. Turbotax 2011 online Show the SSN or ITIN and amount paid to each other recipient on an attached statement. Turbotax 2011 online Enter your total payments on line 31a. Turbotax 2011 online You must provide your spouse's SSN or ITIN. Turbotax 2011 online If you do not, you may have to pay a $50 penalty and your deduction may be disallowed. Turbotax 2011 online For more information on SSNs and ITINs, see Social Security Number (SSN) in chapter 1. Turbotax 2011 online How To Report Alimony Received Report alimony you received as income on Form 1040, line 11. Turbotax 2011 online You cannot use Form 1040A or Form 1040EZ. Turbotax 2011 online You must give the person who paid the alimony your SSN or ITIN. Turbotax 2011 online If you do not, you may have to pay a $50 penalty. Turbotax 2011 online Recapture Rule If your alimony payments decrease or end during the first 3 calendar years, you may be subject to the recapture rule. Turbotax 2011 online If you are subject to this rule, you have to include in income in the third year part of the alimony payments you previously deducted. Turbotax 2011 online Your spouse can deduct in the third year part of the alimony payments he or she previously included in income. Turbotax 2011 online The 3-year period starts with the first calendar year you make a payment qualifying as alimony under a decree of divorce or separate maintenance or a written separation agreement. Turbotax 2011 online Do not include any time in which payments were being made under temporary support orders. Turbotax 2011 online The second and third years are the next 2 calendar years, whether or not payments are made during those years. Turbotax 2011 online The reasons for a reduction or end of alimony payments that can require a recapture include: A change in your divorce or separation instrument, A failure to make timely payments, A reduction in your ability to provide support, or A reduction in your spouse's support needs. Turbotax 2011 online When to apply the recapture rule. Turbotax 2011 online   You are subject to the recapture rule in the third year if the alimony you pay in the third year decreases by more than $15,000 from the second year or the alimony you pay in the second and third years decreases significantly from the alimony you pay in the first year. Turbotax 2011 online   When you figure a decrease in alimony, do not include the following amounts. Turbotax 2011 online Payments made under a temporary support order. Turbotax 2011 online Payments required over a period of at least 3 calendar years that vary because they are a fixed part of your income from a business or property, or from compensation for employment or self-employment. Turbotax 2011 online Payments that decrease because of the death of either spouse or the remarriage of the spouse receiving the payments before the end of the third year. Turbotax 2011 online Figuring the recapture. Turbotax 2011 online   You can use Worksheet 1 in Publication 504 to figure recaptured alimony. Turbotax 2011 online Including the recapture in income. Turbotax 2011 online   If you must include a recapture amount in income, show it on Form 1040, line 11 (“Alimony received”). Turbotax 2011 online Cross out “received” and enter “recapture. Turbotax 2011 online ” On the dotted line next to the amount, enter your spouse's last name and SSN or ITIN. Turbotax 2011 online Deducting the recapture. Turbotax 2011 online   If you can deduct a recapture amount, show it on Form 1040, line 31a (“Alimony paid”). Turbotax 2011 online Cross out “paid” and enter “recapture. Turbotax 2011 online ” In the space provided, enter your spouse's SSN or ITIN. Turbotax 2011 online Prev  Up  Next   Home   More Online Publications
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